LBD04776-05-9
S. 4326 2
SHALL INCLUDE THE COMPLETION OF A SATISFACTORY INSPECTION OF THE PREM-
ISES WHERE CARE IS TO BE PROVIDED, BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
(II) PROVIDED HOWEVER, SUCH INSPECTIONS SHALL NOT BE REQUIRED WHEN THE
ENROLLED LEGALLY EXEMPT PROVIDER IS AN INDIVIDUAL, AGE EIGHTEEN OR
OLDER, AND WHO, BY VIRTUE OF BLOOD, MARRIAGE OR COURT DECREE, IS, TO ALL
OF THE CHILDREN THAT SUCH PERSON IS ENROLLED TO PROVIDE SUBSIDIZED CHILD
CARE SERVICES TO IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE:
(A) A GRANDPARENT;
(B) A GREAT-GRANDPARENT;
(C) A SIBLING, PROVIDED THAT SUCH SIBLING RESIDES IN A SEPARATE HOUSE-
HOLD FROM THE CHILD;
(D) AN AUNT; OR
(E) AN UNCLE.
§ 4. Paragraphs (a) and (b) of subdivision 3 of section 390 of the
social services law, paragraph (a) as amended by chapter 416 of the laws
of 2000, and paragraph (b) as amended by chapter 117 of the laws of
2010, are amended to read as follows:
(a) (I) The office of children and family services may make announced
or unannounced inspections of the records and premises of any:
(1) child day care provider, whether or not such provider has a
license from, or is registered with, the office of children and family
services; AND
(2) ANY EXISTING ENROLLED LEGALLY EXEMPT PROVIDER EXCEPT WHEN SUCH
PROVIDER IS DETERMINED TO BE EXEMPT IN ACCORDANCE WITH SUBPARAGRAPH (II)
OF PARAGRAPH (D-1) OF SUBDIVISION TWO OF THIS SECTION.
(II) The office of children and family services shall make unannounced
inspections of the records and premises of any child day care provider
within fifteen days after the office of children and family services
receives a complaint that, if true, would indicate such provider does
not comply with the APPLICABLE regulations of the office of children and
family services or with statutory requirements. If the complaint indi-
cates that there may be imminent danger to the children, the office of
children and family services shall investigate the complaint no later
than the next day of operation of the provider. The office of children
and family services may provide for inspections through the purchase of
services.
(b) (I) Where inspections have been made and violations of applicable
statutes or regulations have been found, the office of children and
family services shall within ten days advise the child day care provider
in writing of the violations and require the provider to correct such
violations. The office of children and family services may also act
pursuant to subdivisions ten and eleven of this section.
(II) WHERE INSPECTIONS HAVE BEEN MADE AND VIOLATIONS OF APPLICABLE
STATUTES OR REGULATIONS HAVE BEEN FOUND, THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR ITS DESIGNEES SHALL, WITHIN TEN DAYS, ADVISE THE
ENROLLED LEGALLY EXEMPT PROVIDER IN WRITING OF THE VIOLATIONS AND
REQUIRE THE PROVIDER TO CORRECT SUCH VIOLATIONS.
§ 5. Paragraph (a) of subdivision 4 of section 390 of the social
services law, as amended by chapter 416 of the laws of 2000, is amended
to read as follows:
(a) The office of children and family services on an annual basis
shall inspect [at least twenty percent of all registered family day care
homes, registered child day care centers and registered school age child
care programs to determine whether such homes, centers and programs are
operating in compliance with applicable statutes and regulations. The
S. 4326 3
office of children and family services shall increase the percentage of
family day care homes, child day care centers and school age child care
programs which are inspected pursuant to this subdivision as follows: to
at least thirty percent by the thirty-first of December two thousand;
and to at least fifty percent by the thirty-first of December two thou-
sand one] ALL CHILD DAY CARE PROGRAMS AND ALL ENROLLED LEGALLY EXEMPT
PROVIDERS EXCEPT WHEN SUCH PROVIDER IS DETERMINED TO BE EXEMPT IN
ACCORDANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (D-1) OF SUBDIVISION TWO
OF THIS SECTION. The office of children and family services may provide
for such inspections through purchase of services. [Priority shall be
given to family day care homes which have never been licensed or certi-
fied prior to initial registration.]
§ 6. Paragraph (a) of subdivision 2 of section 390 of the social
services law, as amended by chapter 117 of the laws of 2010, is amended
to read as follows:
(a) Child day care centers caring for seven or more children and group
family day care programs, as defined in subdivision one of this section,
shall obtain a license from the office of children and family services
and shall operate in accordance with the terms of such license and the
regulations of such office. Initial licenses [shall be valid for a peri-
od of up to two years;] AND subsequent licenses shall be valid for a
period of up to four years so long as the provider remains substantially
in compliance with applicable law and regulations during such period.
§ 7. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2
of section 390 of the social services law, as amended by chapter 117 of
the laws of 2010, is amended to read as follows:
(A) Initial registrations [shall be valid for a period of up to two
years,] AND subsequent registrations shall be valid for a period of up
to four years so long as the provider remains substantially in compli-
ance with applicable law and regulations during such period.
§ 8. Subdivision 3 of section 390-a of the social services law, as
added by chapter 416 of the laws of 2000, paragraph (b) as amended by
chapter 552 of the laws of 2003, and subparagraph (ix) of paragraph (b)
as amended by chapter 117 of the laws of 2010, is amended to read as
follows:
3. (a) The office of children and family services shall promulgate
regulations [requiring] SETTING FORTH THE TRAINING REQUIREMENTS, INCLUD-
ING ANY FEDERALLY REQUIRED TRAINING, FOR operators, program directors,
employees [and], assistants [of] AND ANY VOLUNTEER WHO HAS THE POTENTIAL
FOR REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN AND/OR UNSUPERVISED
CONTACT WITH CHILDREN IN CARE, BUT ONLY WHEN SUCH UNSUPERVISED CONTACT
INVOLVES CARING FOR THE CHILD IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY
AND AS A VOLUNTEER, IN family day care homes, group family day care
homes, school-age child care programs and child day care centers. SUCH
INDIVIDUALS SHALL BE REQUIRED to receive thirty hours of training every
two years; provided, however, [that fifteen] ANY INDIVIDUAL OR PROVIDER
WHO IS ALREADY IN COMPLIANCE WITH THIS SUBDIVISION, PRIOR TO THE EFFEC-
TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT
AMENDED THIS SUBDIVISION, SHALL ONLY BE REQUIRED TO COMPLETE ANY ADDI-
TIONAL FEDERAL TRAINING REQUIREMENTS WHICH THEY HAVE NOT ALREADY
COMPLETED IN ORDER TO BE DEEMED IN COMPLIANCE WITH THIS SUBDIVISION.
FIFTEEN hours of such training must be received within the first six
months of the initial licensure, registration or employment. [Such
training requirements shall also apply to any volunteer in such day care
homes, programs or centers who has the potential for regular and
substantial contact with children.] The thirty hours of training
S. 4326 4
required during the first biennial cycle after initial licensure or
registration shall include training received while an application for
licensure or registration pursuant to section three hundred ninety of
this title is pending. The office of children and family services may
provide this training through purchase of services.
(b) The training required in paragraph (a) of this subdivision shall
address the following topics:
(i) principles of childhood development, focusing on the developmental
stages of the age groups for which the program provides care;
(ii) nutrition and health needs of infants and children;
(iii) child day care program development;
(iv) safety and security procedures;
(v) business record maintenance and management;
(vi) child abuse and maltreatment identification and prevention;
(vii) statutes and regulations pertaining to child day care;
(viii) statutes and regulations pertaining to child abuse and
maltreatment; and
(ix) for operators, program directors, employees and assistants of
family day care homes, group family day care homes and child day care
centers, education and information on the identification, diagnosis and
prevention of shaken baby syndrome[.]; AND
(X) ANY OTHER TOPICS NECESSARY TO MEET FEDERAL TRAINING REQUIREMENTS.
(c) For the thirty hours of biennial training required after the
initial period of licensure or registration, each provider who can
demonstrate basic competency shall determine in which of the specified
topics he or she needs further study, based on the provider's experience
and the needs of the children in the provider's care.
(d) Family day care home and group family day care home operators
shall obtain training pertaining to protection of the health and safety
of children, as required by regulation, prior to the issuance of a
license or registration by the office of children and family services.
(e) Upon request by the office of children and family services, the
child day care applicant or provider shall submit documentation demon-
strating compliance with the training requirements of this section.
§ 9. The section heading of section 390-b of the social services law,
as added by chapter 416 of the laws of 2000, is amended to read as
follows:
Criminal history review AND BACKGROUND CLEARANCES of child care
providers, generally.
§ 10. Subdivisions 1, 2 and 3 of section 390-b of the social services
law are REPEALED and three new subdivisions 1, 2 and 3 are added to
read as follows:
1. SUBJECT TO IMPLEMENTING RULES AND REGULATIONS OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND, WHERE APPLICABLE, THE DIVISION OF
CRIMINAL JUSTICE SERVICES, THE FOLLOWING BACKGROUND CLEARANCES SHALL BE
CONDUCTED EXPEDITIOUSLY, BUT IN ANY EVENT, WITHIN THE TIMEFRAMES
REQUIRED BY FEDERAL LAW, FOR ENTITIES SPECIFIED IN SUBDIVISION TWO OF
THIS SECTION IN THE MANNER AS REQUIRED BY THIS SECTION:
(A) A CRIMINAL HISTORY RECORD CHECK WITH THE DIVISION OF CRIMINAL
JUSTICE SERVICES;
(B) A SEARCH OF THE CRIMINAL HISTORY REPOSITORY IN EACH STATE OTHER
THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING
FIVE YEARS, IF APPLICABLE, UNLESS SUCH STATE'S CRIMINAL HISTORY RECORD
INFORMATION WILL BE PROVIDED AS PART OF THE RESULTS OF THE BACKGROUND
CLEARANCE CONDUCTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION;
S. 4326 5
(C) A NATIONAL CRIMINAL RECORD CHECK WITH THE FEDERAL BUREAU OF INVES-
TIGATION; THE DIVISION OF CRIMINAL JUSTICE SERVICES IS DIRECTED TO
SUBMIT FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE
PURPOSE OF A NATIONWIDE CRIMINAL HISTORY RECORD CHECK, PURSUANT TO AND
CONSISTENT WITH PUBLIC LAW 113-186 TO DETERMINE WHETHER SUCH PERSONS
SHALL HAVE A CRIMINAL HISTORY IN ANY STATE OR FEDERAL JURISDICTION;
(D) A SEARCH OF THE NEW YORK STATE SEX OFFENDER REGISTRY;
(E) A SEARCH OF ANY STATE SEX OFFENDER REGISTRY OR REPOSITORY IN EACH
STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING
THE PRECEDING FIVE YEARS, IF APPLICABLE, UNLESS SUCH STATE'S SEX OFFEN-
DER REGISTRY INFORMATION WILL BE PROVIDED AS PART OF THE CLEARANCE
CONDUCTED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION;
(F) A SEARCH OF THE NATIONAL SEX OFFENDER REGISTRY USING THE NATIONAL
CRIME AND INFORMATION CENTER, ESTABLISHED UNDER THE ADAM WALSH CHILD
PROTECTION AND SAFETY ACT OF 2006 (42 U.S.C. 16901 ET SEQ.);
(G) A DATABASE CHECK OF THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE
AND MALTREATMENT IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A
OF THIS ARTICLE; AND
(H) A SEARCH OF A STATE-BASED CHILD ABUSE OR NEGLECT REPOSITORY OF ANY
STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING
THE PRECEDING FIVE YEARS; IF APPLICABLE.
2. (A) IN RELATION TO ANY CHILD DAY CARE PROGRAM OR ENROLLED LEGALLY
EXEMPT PROVIDER, AS DEFINED IN SECTION THREE HUNDRED NINETY OF THIS
TITLE, THE FOLLOWING INDIVIDUALS SHALL BE REQUIRED TO RECEIVE BACKGROUND
CLEARANCES AS REQUIRED IN SUBDIVISION ONE OF THIS SECTION:
(I) ANY APPLICANT TO BE AN OPERATOR OR DIRECTOR OF A CHILD DAY CARE
PROGRAM;
(II) ANY CURRENT OPERATOR OR DIRECTOR OF A CHILD DAY CARE PROGRAM;
(III) ANY APPLICANT TO ENROLL TO BE A CAREGIVER FOR AN ENROLLED LEGAL-
LY EXEMPT PROVIDER, UNLESS SUCH INDIVIDUAL IS RELATED TO ALL CHILDREN
FOR WHOM CHILD CARE SERVICES ARE PROVIDED;
(IV) ANY CURRENT CAREGIVER FOR AN ENROLLED LEGALLY EXEMPT PROVIDER,
UNLESS SUCH INDIVIDUAL IS RELATED TO ALL CHILDREN FOR WHOM CHILD CARE
SERVICES ARE PROVIDED;
(V) ANY APPLICANT TO BE AN EMPLOYEE, ASSISTANT OR VOLUNTEER, WHEN SUCH
VOLUNTEER HAS THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN A
CHILD DAY CARE PROGRAM;
(VI) ANY CURRENT EMPLOYEE, ASSISTANT OR VOLUNTEER, WHEN SUCH VOLUNTEER
HAS THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN A CHILD DAY
CARE PROGRAM;
(VII) ANY APPLICANT TO BE AN EMPLOYEE, ASSISTANT OR VOLUNTEER WITH THE
POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN AN ENROLLED LEGALLY
EXEMPT PROVIDER, UNLESS SUCH INDIVIDUAL IS RELATED TO ALL CHILDREN FOR
WHOM CHILD CARE SERVICES ARE PROVIDED;
(VIII) ANY CURRENT EMPLOYEE, ASSISTANT, OR VOLUNTEER WITH THE POTEN-
TIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN AN ENROLLED LEGALLY
EXEMPT PROVIDER, UNLESS SUCH INDIVIDUAL IS RELATED TO ALL CHILDREN FOR
WHOM CHILD CARE SERVICES ARE PROVIDED; AND
(IX) WHERE THE CHILD CARE SERVICES WILL BE OR ARE PROVIDED IN A HOME
SETTING WHERE THE CHILD DOES NOT RESIDE, ANY INDIVIDUAL, AGE EIGHTEEN OR
OLDER WHO IS NOT RELATED TO ALL CHILDREN FOR WHOM CHILD CARE SERVICES
ARE OR WILL BE PROVIDED, RESIDES OR BEGINS TO RESIDE.
(B) PROVIDED HOWEVER, THE BACKGROUND CLEARANCES REQUIRED PURSUANT TO
PARAGRAPHS (A), (C), (D) AND (G) OF SUBDIVISION ONE OF THIS SECTION
SHALL, BEGINNING SEPTEMBER FIRST, TWO THOUSAND NINETEEN, BE COMPLETED
S. 4326 6
FOR INDIVIDUALS REFERENCED IN SUBPARAGRAPHS (I), (III), (V), (VII) AND
(IX) OF PARAGRAPH (A) OF THIS SUBDIVISION.
(C) NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION, PRIOR TO OCTO-
BER FIRST, TWO THOUSAND TWENTY, ALL BACKGROUND CLEARANCES LISTED IN
SUBDIVISION ONE OF THIS SECTION THAT HAVE NOT PREVIOUSLY BEEN CONDUCTED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND FOR WHICH ON-GOING
CRIMINAL HISTORY RESULTS ARE NOT ALREADY PROVIDED, SHALL BE CONDUCTED IN
ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES, FOR BACKGROUND CLEARANCES REQUIRED IN SUBPARAGRAPHS (II),
(IV), (VI), (VIII) AND (IX) OF PARAGRAPH (A) OF THIS SUBDIVISION.
(D) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO DEVELOP A
SCHEDULE FOR APPLICABLE BACKGROUND CLEARANCE REQUIRED TO BE COMPLETED IN
ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION AFTER BACKGROUND CLEAR-
ANCES PURSUANT TO PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION HAVE BEEN
COMPLETED FOR COMPLIANCE WITH THE FEDERAL CHILD CARE AND DEVELOPMENT
BLOCK GRANT ACT.
(E) THE BACKGROUND CLEARANCES REQUIRED PURSUANT TO THIS SECTION OTHER
THAN THOSE FOR WHICH ON-GOING CRIMINAL HISTORY RESULTS ARE PROVIDED,
SHALL BE CONDUCTED FOR A PERSON LISTED IN SUBPARAGRAPHS (II), (IV),
(VI), (VIII) AND (IX) OF PARAGRAPH (A) OF THIS SUBDIVISION AT LEAST ONCE
EVERY FIVE YEARS IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE
OF CHILDREN AND FAMILY SERVICES.
3. (A) IN RELATION TO THE BACKGROUND CLEARANCES REQUIRED PURSUANT THIS
SECTION, AN INDIVIDUAL REQUIRED TO RECEIVE BACKGROUND CLEARANCES PURSU-
ANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION SHALL BE DEEMED
INELIGIBLE TO PROVIDE CHILD CARE SERVICES IN ANY CHILD DAY CARE PROGRAM
OR AS AN ENROLLED LEGALLY EXEMPT PROVIDER, AS DEFINED IN SECTION THREE
HUNDRED NINETY OF THIS TITLE, IF SUCH INDIVIDUAL:
(I) REFUSES TO CONSENT TO SUCH CLEARANCE;
(II) KNOWINGLY MAKES A MATERIALLY FALSE STATEMENT IN CONNECTION WITH
SUCH A CLEARANCE;
(III) IS REGISTERED, OR IS REQUIRED TO BE REGISTERED, ON A STATE SEX
OFFENDER REGISTRY OR REPOSITORY OR THE NATIONAL SEX OFFENDER REGISTRY
ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006
(42 U.S.C. 16901 ET SEQ.); OR
(IV) HAS BEEN CONVICTED OF A CRIME ENUMERATED IN SUBPARAGRAPH (E) OR
CLAUSES (I) THROUGH (VIII) OF SUBPARAGRAPH (D) OF PARAGRAPH (1) OF
SUBDIVISION (C) OF 42 U.S.C. 9858F.
(B) EXCEPT AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, AFTER
REVIEWING ANY NEW YORK CRIMINAL RECORD CHECK OF AN INDIVIDUAL WHO IS
REQUIRED TO RECEIVE SUCH BACKGROUND CLEARANCE PURSUANT TO SUBDIVISION
TWO OF THIS SECTION, THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE
PROGRAM OR PROVIDER SHALL TAKE THE FOLLOWING ACTIONS:
(I) WHERE THE CRIMINAL RECORD CHECK OF AN INDIVIDUAL REQUIRED TO
RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (I), (III) AND
(IX) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, REVEALS A
CONVICTION FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF
PARAGRAPH (A) OF THIS SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY
SERVICES MAY DENY THE APPLICATION, ONLY AFTER PROVIDING A COPY OF SUCH
CRIMINAL HISTORY INFORMATION AND A COPY OF ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW TO THE INDIVIDUAL AND INFORMING SUCH INDIVIDUAL OF HIS OR
HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN
SUCH CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO THE REGULATIONS AND THE RIGHT OF SUCH INDI-
VIDUAL TO PROVIDE INFORMATION RELEVANT TO SUCH ANALYSIS TO THE OFFICE OF
S. 4326 7
CHILDREN AND FAMILY SERVICES, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF
THE CORRECTION LAW;
(II) WHERE THE CRIMINAL RECORD CHECK OF AN INDIVIDUAL REQUIRED TO
RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (I), (III) AND
(IX) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, REVEALS A
PENDING CHARGE FOR ANY CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL HOLD THE APPLICATION IN ABEYANCE UNTIL THE CHARGE IS ADJUDICATED;
(III) WHERE THE CRIMINAL RECORD CHECK OF AN INDIVIDUAL REQUIRED TO
RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (II), (IV) AND
(IX) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, REVEALS A
CONVICTION FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF
PARAGRAPH (A) OF THIS SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM OR PROVIDER
AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE
CHILDREN RECEIVING CARE AT SUCH LOCATION. THE OFFICE MAY DENY, LIMIT,
SUSPEND, REVOKE, REJECT OR TERMINATE A LICENSE OR REGISTRATION OR TERMI-
NATE SUCH PROVIDER'S ENROLLMENT, AS APPLICABLE BASED ON SUCH A
CONVICTION, ONLY AFTER PROVIDING A COPY OF SUCH CRIMINAL HISTORY INFOR-
MATION AND A COPY OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW TO THE
INDIVIDUAL AND INFORMING SUCH INDIVIDUAL OF HIS OR HER RIGHT TO SEEK
CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL
HISTORY INFORMATION PROVIDED BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES PURSUANT TO THE REGULATIONS AND THE RIGHT OF SUCH INDIVIDUAL TO
PROVIDE INFORMATION RELEVANT TO SUCH ANALYSIS TO THE OFFICE OF CHILDREN
AND FAMILY SERVICES, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW;
(IV) WHERE THE CRIMINAL RECORD CHECK OF AN INDIVIDUAL REQUIRED TO
RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (II), (IV) AND
(IX) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, REVEALS A
PENDING CHARGE FOR ANY CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM OR PROVIDER AND TAKE
ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN
RECEIVING CARE AT SUCH LOCATION. THE OFFICE MAY SUSPEND A LICENSE,
REGISTRATION, OR ENROLLMENT, AS APPLICABLE BASED ON SUCH PENDING CHARGE
WHERE NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN RECEIV-
ING CARE AT SUCH LOCATION CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW;
(V) WHERE THE CRIMINAL RECORD CHECK OF AN INDIVIDUAL REQUIRED TO
RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (V) AND (VII) OF
PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, REVEALS A CONVICTION
FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH
(A) OF THIS SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY,
DIRECT THE PROGRAM OR PROVIDER TO DENY THE APPLICATION, ONLY AFTER
PROVIDING A COPY OF SUCH CRIMINAL HISTORY INFORMATION AND A COPY OF
ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW TO THE INDIVIDUAL AND
INFORMING SUCH INDIVIDUAL OF HIS OR HER RIGHT TO SEEK CORRECTION OF ANY
INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL HISTORY INFORMATION
PROVIDED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO THE
REGULATIONS AND THE RIGHT OF SUCH INDIVIDUAL TO PROVIDE INFORMATION
RELEVANT TO SUCH ANALYSIS TO THE OFFICE OF CHILDREN AND FAMILY SERVICES,
CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW;
(VI) WHERE THE CRIMINAL RECORD CHECK OF AN INDIVIDUAL REQUIRED TO
RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (V) AND (VII) OF
PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, REVEALS A PENDING
CHARGE FOR ANY CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
HOLD THE APPLICATION IN ABEYANCE UNTIL THE CHARGE IS ADJUDICATED;
S. 4326 8
(VII) WHERE THE CRIMINAL RECORD CHECK OF AN INDIVIDUAL REQUIRED TO
RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (VI) AND (VIII)
OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION REVEALS A CONVICTION
FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH
(A) OF THIS SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM OR PROVIDER AND TAKE
ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN
RECEIVING CARE AT SUCH LOCATION. THE OFFICE MAY DIRECT THE PROGRAM OR
PROVIDER TO TERMINATE THE EMPLOYEE, ASSISTANT OR VOLUNTEER BASED ON SUCH
A CONVICTION, ONLY AFTER PROVIDING A COPY OF SUCH CRIMINAL HISTORY
INFORMATION AND A COPY OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
TO THE INDIVIDUAL AND INFORMING SUCH INDIVIDUAL OF HIS OR HER RIGHT TO
SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL
HISTORY INFORMATION PROVIDED BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES PURSUANT TO THE REGULATIONS AND THE RIGHT OF SUCH INDIVIDUAL TO
PROVIDE INFORMATION RELEVANT TO SUCH ANALYSIS TO THE OFFICE OF CHILDREN
AND FAMILY SERVICES, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW AND IN ACCORDANCE WITH ANY APPLICABLE COLLECTIVE BARGAIN-
ING AGREEMENT;
(VIII) WHERE THE CRIMINAL RECORD CHECK OF AN INDIVIDUAL REQUIRED TO
RECEIVE BACKGROUND CLEARANCES PURSUANT TO SUBPARAGRAPHS (VI) AND (VIII)
OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION REVEALS A PENDING
CHARGE FOR ANY CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM OR PROVIDER AND TAKE ALL
APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN
RECEIVING CARE AT SUCH LOCATION; OR
(IX) ADVISE THE PROGRAM OR PROVIDER THAT THE INDIVIDUAL HAS NO CRIMI-
NAL HISTORY RECORD.
(C)(I) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT RELEASE
THE REPORT OF THE NATIONAL CRIMINAL RECORD CHECK RECEIVED FROM THE
FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS SUBDIVISION TO
ANY NON-PUBLIC ENTITY OR ENTITY NOT OTHERWISE AUTHORIZED.
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AFTER
REVIEWING ANY NATIONAL CRIMINAL RECORD CHECK OF AN INDIVIDUAL WHO IS
REQUIRED TO RECEIVE SUCH BACKGROUND CLEARANCE PURSUANT TO PARAGRAPH (A)
OF SUBDIVISION TWO OF THIS SECTION, THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL PROCEED AS FOLLOWS: (A) REVIEW AND EVALUATE THE RESULTS
OF THE NATIONAL CRIMINAL RECORD CHECK OF A CURRENT OR PROSPECTIVE OPERA-
TOR, DIRECTOR, CAREGIVER, EMPLOYEE, ASSISTANT, VOLUNTEER WITH THE POTEN-
TIAL FOR UNSUPERVISED CONTACT WITH THE CHILD RECEIVING SERVICES AS WELL
AS ANY OTHER PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO RESIDES IN THE
HOME WHERE CARE IS PROVIDED OR TO BE PROVIDED, OTHER THAN IN THE CHILD'S
HOME, IN ACCORDANCE WITH THE STANDARDS SET FORTH IN PARAGRAPHS (A) AND
(B) OF THIS SUBDIVISION RELATING TO CONVICTIONS THAT MAKE AN INDIVIDUAL
INELIGIBLE, DISCRETIONARILY INELIGIBLE, OR A DIRECTION THAT SUCH INDI-
VIDUAL'S BACKGROUND CLEARANCE REQUEST BE HELD IN ABEYANCE DURING THE
PENDENCY OF CERTAIN CRIMINAL CHARGES; AND (B) BASED ON THE RESULTS OF
THE NATIONAL CRIMINAL RECORD CHECK, WHERE APPLICABLE, INFORM SUCH CHILD
DAY CARE PROGRAM OR ENROLLED LEGALLY EXEMPT PROVIDER THAT THE APPLICA-
TION OR EMPLOYMENT (1) MUST BE DENIED OR TERMINATED; (2) MUST BE HELD IN
ABEYANCE PENDING SUBSEQUENT NOTIFICATION PURSUANT TO SUBDIVISION SIX OF
THIS SECTION, FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES; OR (3)
THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES HAS NO OBJECTION, SOLELY
BASED ON THE NATIONAL CRIMINAL RECORD CHECK, FOR THE CHILD DAY CARE
PROGRAM OR ENROLLED LEGALLY EXEMPT PROVIDER TO PROCEED WITH A DETERMI-
S. 4326 9
NATION ON SUCH APPLICATION OR CURRENT EMPLOYMENT BASED ON ANY CURRENTLY
REQUIRED STANDARDS.
(III) WHERE THE OFFICE OF CHILDREN AND FAMILY SERVICES DIRECTS THE
CHILD DAY CARE PROGRAM OR ENROLLED LEGALLY EXEMPT PROVIDER TO DENY THE
APPLICATION OR TERMINATE EMPLOYMENT IN ACCORDANCE WITH THIS PARAGRAPH,
THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY AS THE CASE
MAY BE, SUCH CURRENT OR PROSPECTIVE EMPLOYEE, ASSISTANT, VOLUNTEER WITH
THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN OR OTHER PERSON
EIGHTEEN YEARS OF AGE OR OLDER, WHO RESIDES IN THE HOME WHERE CARE IS
PROVIDED, OTHER THAN THE CHILD'S HOME, THAT THE CRIMINAL RECORD CHECK
WAS THE BASIS FOR THE DENIAL OF CLEARANCE AND SHALL PROVIDE SUCH INDI-
VIDUAL WITH A COPY OF THE RESULTS OF THE NATIONAL CRIMINAL RECORD CHECK
UPON WHICH SUCH DENIAL WAS BASED TOGETHER WITH A WRITTEN STATEMENT
SETTING FORTH THE REASONS FOR SUCH DENIAL, AS WELL AS A COPY OF ARTICLE
TWENTY-THREE-A OF THE CORRECTION LAW AND INFORM SUCH INDIVIDUAL OF HIS
OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED
IN SUCH NATIONAL RECORD CHECK PROVIDED BY THE FEDERAL BUREAU OF INVESTI-
GATION PURSUANT TO THE REGULATIONS AND THE RIGHT OF SUCH INDIVIDUAL TO
PROVIDE INFORMATION RELEVANT TO SUCH ANALYSIS.
§ 11. Subdivisions 6 and 7 of section 390-b of the social services
law, as added by chapter 416 of the laws of 2000, are amended to read as
follows:
6. The notification by the office of children and family services to
the child day care [provider] PROGRAM OR ENROLLED LEGALLY EXEMPT PROVID-
ER pursuant to this section shall include a summary of the INDIVIDUAL'S
NEW YORK criminal history record, if any, provided by the division of
criminal justice services. WHEN PROVIDING NOTIFICATION TO A CHILD DAY
CARE PROGRAM OR ENROLLED LEGALLY EXEMPT PROVIDER WHO ARE NON-PUBLIC
AGENCIES, OR OTHERWISE UNAUTHORIZED TO RECEIVE SUCH NOTIFICATION, WITH
RESPECT TO THE RESULTS OF A NATIONAL CRIMINAL RECORD CHECK PERFORMED BY
THE FEDERAL BUREAU OF INVESTIGATION, THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL ADVISE THE PROGRAM OR PROVIDER, WHERE APPROPRIATE, OF THE
CATEGORY OR CATEGORIES OF CRIME OR CRIMES FOR WHICH THE INDIVIDUAL HAS A
CONVICTION, AND SHALL NOT PROVIDE THE SPECIFIC CRIME OR CRIMES OF
CONVICTION ABSENT THE EXPRESS WRITTEN CONSENT OF THE PERSON FOR WHOM THE
NATIONAL CRIMINAL RECORD CHECK WAS PERFORMED.
7. Where the office of children and family services directs a child
day care [provider] PROGRAM OR ENROLLED LEGALLY EXEMPT PROVIDER to deny
an application [based on the criminal history record], the PROGRAM OR
provider must notify the applicant [that such record is] IN WRITING the
basis of the denial.
§ 12. Subdivision 10 of section 390 of the social services law, as
amended by chapter 416 of the laws of 2000, is amended to read as
follows:
10. (A) Any home or facility providing child day care shall be oper-
ated in accordance with applicable statutes and regulations. Any
violation of applicable statutes or regulations shall be a basis to
deny, limit, suspend, revoke, or terminate a license or registration.
Consistent with articles twenty-three and twenty-three-A of the
correction law, and guidelines referenced in subdivision two of section
four hundred twenty-five of this article, if the office of children and
family services is made aware of the existence of a criminal conviction
or pending criminal charge concerning an operator of a family day care
home, group family day care home, school-age child care program, or
child day care center or concerning any assistant, employee or volunteer
in such homes, programs or centers, or any persons age eighteen or over
S. 4326 10
who reside in such homes, such conviction or charge may be a basis to
deny, limit, suspend, revoke, reject, or terminate a license or regis-
tration IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION THREE HUNDRED
NINETY-B OF THIS TITLE. Before any license issued pursuant to the
provisions of this section is suspended or revoked, before registration
pursuant to this section is suspended or terminated, or when an applica-
tion for such license is denied or registration rejected, the applicant
for or holder of such registration or license is entitled, pursuant to
section twenty-two of this chapter and the regulations of the office of
children and family services, to a hearing before the office of children
and family services. However, a license or registration shall be tempo-
rarily suspended or limited without a hearing upon written notice to the
operator of the facility following a finding that the public health, or
an individual's safety or welfare, are in imminent danger. The holder of
a license or registrant is entitled to a hearing before the office of
children and family services to contest the temporary suspension or
limitation. If the holder of a license or registrant requests a hearing
to contest the temporary suspension or limitation, such hearing must be
scheduled to commence as soon as possible but in no event later than
thirty days after the receipt of the request by the office of children
and family services. Suspension shall continue until the condition
requiring suspension or limitation is corrected or until a hearing deci-
sion has been issued. If the office of children and family services
determines after a hearing that the temporary suspension or limitation
was proper, such suspension or limitation shall be extended until the
condition requiring suspension or limitation has been corrected or until
the license or registration has been revoked.
(B) (I) CONSISTENT WITH ARTICLES TWENTY-THREE AND TWENTY-THREE-A OF
THE CORRECTION LAW, AND GUIDELINES DEVELOPED PURSUANT TO SUBDIVISION TWO
OF SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE, IF THE OFFICE OF
CHILDREN AND FAMILY SERVICES IS MADE AWARE OF THE EXISTENCE OF A CRIMI-
NAL CONVICTION OR PENDING CRIMINAL CHARGE CONCERNING A CURRENT OR
PROSPECTIVE CAREGIVER, EMPLOYEE, ASSISTANT, VOLUNTEER WITH THE POTENTIAL
FOR UNSUPERVISED CONTACT, OR ANY PERSONS AGE EIGHTEEN OR OLDER WHO
RESIDE IN SUCH HOME WHERE CARE IS PROVIDED, THAT IS NOT IN THE CHILD'S
HOME, AND SUCH PERSON IS NOT RELATED TO ALL CHILDREN RECEIVING CARE, IN
AN ENROLLED LEGALLY EXEMPT PROVIDER, SUCH CONVICTION OR CHARGE MAY BE A
BASIS TO TERMINATE ENROLLMENT IN ACCORDANCE WITH SUBDIVISION THREE OF
SECTION THREE HUNDRED NINETY-B OF THIS TITLE. BEFORE ANY ENROLLMENT FOR
AN ENROLLED LEGALLY EXEMPT PROVIDER MAY BE TERMINATED, OR WHEN AN APPLI-
CATION FOR SUCH ENROLLMENT IS DENIED, THE APPLICANT FOR OR HOLDER OF
SUCH ENROLLMENT IS ENTITLED, IN ACCORDANCE WITH SECTION TWENTY-TWO OF
THIS CHAPTER AND THE IMPLEMENTING REGULATIONS OF THE OFFICE OF CHILDREN
AND FAMILY SERVICES, TO A HEARING BEFORE THE OFFICE OF CHILDREN AND
FAMILY SERVICES. HOWEVER, AN ENROLLMENT SHALL BE TEMPORARILY SUSPENDED
OR LIMITED WITHOUT A HEARING UPON WRITTEN NOTICE TO THE PROVIDER FOLLOW-
ING A FINDING THAT THE PUBLIC HEALTH, OR AN INDIVIDUAL'S SAFETY OR
WELFARE, ARE IN IMMINENT DANGER.
(II) IF AN ENROLLED LEGALLY EXEMPT PROVIDER'S ENROLLMENT IS TERMI-
NATED, SUCH INDIVIDUAL OR ENTITY SHALL BE IMMEDIATELY RE-ENROLLED ONCE
THE ISSUE THAT CAUSED THE INITIAL TERMINATION HAS BEEN CORRECTED, AND
ALL OTHER ELEMENTS LEGALLY REQUIRED FOR ENROLLMENT HAVE BEEN SATISFIED.
§ 13. Subdivisions 9 and 10 of section 390-b of the social services
law, as added by chapter 416 of the laws of 2000, are amended and two
new subdivisions 11 and 12 are added to read as follows:
S. 4326 11
9. Any criminal history record provided by the division of criminal
justice services, and any summary of the criminal history record
provided by the office of children and family services to a child day
care [provider] PROGRAM OR ENROLLED LEGALLY EXEMPT PROVIDER pursuant to
this section, is confidential and shall not be available for public
inspection; provided, however, nothing herein shall prevent a child day
care [provider] PROGRAM, ENROLLED LEGALLY EXEMPT PROVIDER or the office
of children and family services from disclosing criminal history infor-
mation OR THE INDIVIDUAL FROM DISCLOSING HIS OR HER CRIMINAL HISTORY
INFORMATION at any administrative or judicial proceeding relating to the
denial or revocation of an application, employment, license [or], regis-
tration OR ENROLLMENT. The subject of a criminal history review
conducted pursuant to this section shall be entitled to receive, upon
written request, a copy of the [summary of the] criminal history record
[provided by the office of children and family services to the child day
care provider]. Unauthorized disclosure of such records or reports
shall subject the provider to civil penalties in accordance with the
provisions of subdivision eleven of section three hundred ninety of this
title.
10. A child day care [provider] PROGRAM OR ENROLLED LEGALLY EXEMPT
PROVIDER shall advise the office of children and family services when an
individual who is subject to criminal history record review in accord-
ance with subdivision [one or] two of this section is no longer subject
to such review. The office of children and family services shall inform
the division of criminal justice services when an individual who is
subject to criminal history review is no longer subject to such review
so that the division of criminal justice services may terminate its
retain processing with regard to such person. At least once a year, the
office of children and family services will be required to conduct a
validation of the records maintained by the division of criminal justice
services.
11. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PAY ANY PROCESS-
ING FEES FOR A CRIMINAL HISTORY OR SEX OFFENDER CLEARANCE CONDUCTED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION. THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL PROMPTLY SUBMIT FINGERPRINTS OBTAINED PURSUANT TO
THIS SECTION AND SUCH PROCESSING FEE TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
12. CHILD DAY CARE CENTERS WHICH ARE NOT SUBJECT TO THE PROVISIONS OF
SECTION THREE HUNDRED NINETY OF THIS TITLE SHALL NOT BE SUBJECT TO THE
PROVISIONS OF THIS SECTION, PROVIDED HOWEVER, THAT THE CITY OF NEW YORK
SHALL REQUIRE THAT SUCH CHILD DAY CARE CENTERS MEET THE REQUIREMENTS OF
ANY FEDERAL LAWS AND REGULATIONS PERTAINING TO THE CHILD CARE DEVELOP-
MENT AND BLOCK GRANT AND THE RELATED FEDERALLY APPROVED PLANS OF THE
STATE OF NEW YORK.
§ 14. Subparagraph (z) of paragraph (A) of subdivision 4 of section
422 of the social services law, as amended by section 11 of part L of
chapter 56 of the laws of 2015, is amended to read as follows:
(z) an entity with appropriate legal authority in another state to
license, certify or otherwise approve prospective foster parents,
prospective adoptive parents, prospective relative guardians [or],
prospective successor guardians OR CHILD CARE PROGRAMS where disclosure
of information regarding such prospective foster or prospective adoptive
parents [or], CHILD CARE PROGRAMS, prospective relative or prospective
successor guardians and other persons over the age of eighteen residing
in the home of such persons [is] OR WHERE CHILD CARE IS PROVIDED IN A
HOME OTHER THAN THE CHILD'S HOME, AS required under title IV-E of the
S. 4326 12
federal social security act OR THE FEDERAL CHILD CARE AND DEVELOPMENT
BLOCK GRANT ACT (SECTION NINE THOUSAND EIGHT HUNDRED FIFTY-EIGHT, ET
SEQ. OF TITLE FORTY-TWO OF THE UNITED STATES CODE); and
§ 15. Paragraph (a) of subdivision 1 of section 424-a of the social
services law, as amended by section 12 of part L of chapter 56 of the
laws of 2015, is amended to read as follows:
(a) A licensing agency shall inquire of the [department] OFFICE OF
CHILDREN AND FAMILY SERVICES and the [department] OFFICE shall, subject
to the provisions of paragraph (e) of this subdivision, inform such
agency and the subject of the inquiry whether an applicant for a certif-
icate, license [or], permit OR ENROLLMENT WHEN SUCH INDIVIDUAL IS NOT
RELATED TO ALL CHILDREN FOR WHOM CARE WILL BE PROVIDED, [assistants to
group] OR TO BECOME AN EMPLOYEE, ASSISTANT OR VOLUNTEER WITH THE POTEN-
TIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN CARE OF A family day care
[providers] PROGRAM OR IN THE CASE OF AN ENROLLED LEGALLY EXEMPT PROVID-
ER WHEN SUCH INDIVIDUAL IS NOT RELATED TO ALL CHILDREN FOR WHOM CARE
WILL BE PROVIDED, the director of a camp subject to the provisions of
article thirteen-B of the public health law, [a prospective successor
guardian when a clearance is conducted pursuant to paragraph (d) of
subdivision two of section four hundred fifty-eight-b of this article,]
and any person over the age of eighteen who resides in the home of a
person who has applied to become an adoptive parent or a foster parent
[or to operate a family day care home or group family day care home or
any person over the age of eighteen residing in the home of a prospec-
tive successor guardian when a clearance is conducted of a prospective
successor guardian pursuant to this paragraph] OR ON THE PREMISES WHERE
CHILD CARE SERVICES ARE PROVIDED IN A HOME OTHER THAN THE CHILD'S HOME
AND SUCH PERSON IS NOT RELATED TO ALL CHILDREN RECEIVING CARE, has been
or is currently the subject of an indicated child abuse and maltreatment
report on file with the statewide central register of child abuse and
maltreatment.
§ 16. Subdivision 4 of section 424-a of the social services law, as
amended by section 14 of part L of chapter 56 of the laws of 2015, is
amended to read as follows:
4. For purposes of this section, the term "licensing agency" shall
mean an authorized agency which has received an application to become an
adoptive parent or an authorized agency which has received an applica-
tion for a certificate or license to receive, board or keep any child
pursuant to the provisions of section three hundred seventy-six or three
hundred seventy-seven of this article or an authorized agency which has
received an application from a relative within the second degree or
third degree of consanguinity of the parent of a child or a relative
within the second degree or third degree of consanguinity of the step-
parent of a child or children, or the child's legal guardian for
approval to receive, board or keep such child, or an authorized agency
that conducts a clearance pursuant to paragraph (d) of subdivision two
of section four hundred fifty-eight-b of this article, or a state or
local governmental agency which receives an application to provide child
day care services in a child day care center, school-age child care
program, family day care home or group family day care home OR ENROLLED
LEGALLY EXEMPT PROVIDER pursuant to the provisions of section three
hundred ninety of this article, or the department of health and mental
hygiene of the city of New York, when such department receives an appli-
cation for a certificate of approval to provide child day care services
in a child day care center pursuant to the provisions of the health code
of the city of New York, or the office of mental health or the office
S. 4326 13
for people with developmental disabilities when such office receives an
application for an operating certificate pursuant to the provisions of
the mental hygiene law to operate a family care home, or a state or
local governmental official who receives an application for a permit to
operate a camp which is subject to the provisions of article thirteen-B
of the public health law or the office of children and family services
which has received an application for a certificate to receive, board or
keep any child at a foster family home pursuant to articles nineteen-G
and nineteen-H of the executive law or any other facility or provider
agency, as defined in subdivision four of section four hundred eighty-
eight of this chapter, in regard to any licensing or certification func-
tion carried out by such facility or agency.
§ 17. All costs associated with activities related to the implementa-
tion of the federal child care development block grant reauthorization
act of 2014 required pursuant to this act shall be funded within the 80
million dollars allocated for such purpose pursuant to chapter 53 of the
laws of 2018. Nothing herein shall limit the ability to utilize such
funds to satisfy other requirements necessary to comply with the federal
child care development block grant reauthorization act of 2014 not
contained within this act.
§ 18. Severability. If any clause, sentence, paragraph, subdivision,
section or part contained in any part of this act shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section or part contained in any part thereof directly involved in
the controversy in which such judgment shall have been rendered. It is
hereby declared to be the intent of the legislature that this act would
have been enacted even if such invalid provisions had not be included
herein.
§ 19. This act shall take effect April 1, 2019; provided, that the
office of children and family services is authorized to promulgate any
rules or regulations necessary for the implementation of this act on its
effective date.
